A New Tax System (Family Assistance) (Administration) Act 1999

If, on ART review of a decision, the ART sets the decision aside under section 105 of the ART Act and substitutes for it a decision that a person is entitled to have a payment made under this Act, the ART must:

assess the amount of the payment; or

ask the Secretary to assess the amount of the payment.

Despite subsection (1), the ART must ask the Secretary to assess, in accordance with any directions or recommendations of the ART, the amount of CCS or ACCS an individual or provider is entitled to be paid, if:

on ART review, the ART:

reviews a child care decision in relation to section 67CD, 67CF or 67CH as to an amount of CCS or ACCS that the individual or provider is entitled to be paid; and

considers that the individual or provider is entitled to be paid a different amount of CCS or ACCS; or

on ART review, the ART:

reviews a child care decision in relation to subsection 67CD(6), 67CF(3) or 67CH(3) that the individual or provider is not entitled to be paid CCS or ACCS; and

considers that the individual or provider is entitled to be paid an amount of CCS or ACCS.

For the purposes of this Part and the definition of child care decision in subsection 3(1), the Secretary’s assessment under subsection (2) forms part of the ART’s decision on the review.